Judgment_paragraph 73 · Cordis Obst und Gemüse Großhandel GmbH v Commission of the European Communities (T-18/99)

73Lastly, the Commission challenges as unfounded the claim that the obligation to state reasons was infringed. First, according to the case-law of the Court of Justice, a possible inadequacy in the statement of the reasons on which a measure contained in a regulation is based is not sufficient to render the Community liable (see Case 106/81 Kind v EEC [1982] ECR 2885, and AERPO and Others v Commission). Second, the reasons which caused the Commission to choose the reference period in question were set out in the third recital in the preamble to Regulation No 2362/98 in a way which meets the requirements laid down in the case-law of the Court of Justice regarding the obligation to state reasons under Article 190 of the EC Treaty (now Article 253 EC) (see Case C-352/96 Italy v Council [1998] ECR I-6937, paragraph 40).

Cordis Obst und Gemüse Großhandel GmbH v Commission of the European Communities (T-18/99)

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